THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 18/2001/ND-CP
Hanoi, May 04, 2001
 
DECREE
STIPULATING THE SETTING UP AND OPERATION OF VIETNAM-BASED FOREIGN CULTURAL AND/OR EDUCATIONAL ESTABLISHMENTS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Governments Resolution No.90/CP of August 21, 1997 on the orientation and policy of socialization of educational, medical and cultural activities;
In order to enhance the management over and ensure favorable conditions for foreign organizations and individuals to participate in the development of the cultural and/or educational cause in Vietnam;
At the proposals of the Minister of Education and Training and the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
1. This Decree stipulates the setting up and operation of Vietnam-based foreign cultural and/or educational establishments (hereafter abbreviated to FCE establishments) which aim to develop education and cultural exchange, not for the profit-making purpose.
2. Revenues earned from activities of foreign cultural and/or educational establishments, after subtracting all lawful expenses, shall only be invested in the development of the cultural and/or educational cause and the construction of infrastructure works, and expended for activities in the common interests of FCE establishments.
3. Foreign cultural and/or educational establishments that operate for the profit-making purpose shall not be subject to this Decree but shall comply with the provisions of the Law on Foreign Investment in Vietnam.
Article 2.- Vietnam-based foreign cultural and/or educational establishments mean the common name of cultural organizations and agencies (such as representative offices, centers, institutes, villages, clubs, libraries, showrooms, parks, museums, zoos, etc.), educational institutions (such as representative offices, international schools, universities, job-training centers, etc.), and cultural-cum-educational centers (such as representative offices, culture and art schools, cultural houses with foreign language classes, etc.), which are set up or jointly set up and operated in Vietnam by overseas Vietnamese, foreigners or foreign legal persons (hereinafter referred collectively to as foreign parties), under the Vietnamese States permission.
Article 3.- The Vietnamese Government encourages the setting up of FCE establishments in the following fields:
1. Training, fostering and improving professional skills in the fields of culture, arts and information;
2. Training technical workers, technicians, scientific and managerial personnel with high qualification in the fields of economics, technology, technical sciences and natural sciences;
3. Cooperating in the building of material cultural works and conducting study on non-material cultural works.
Article 4.- FCE establishments shall be set up in the following forms: representative offices, joint-venture establishments and independent establishments.
1. Representative offices are affiliate units of foreign cultural and/or educational organizations, tasked to represent such organizations in promoting the formulation of projects and/or programs for cooperation in the cultural and educational fields, which the Vietnamese side is interested in; urging and supervising the implementation of agreements on cultural and educational cooperation already signed with the Vietnamese cultural and/or educational organizations.
2. Joint-venture establishments are FCE establishments set up on the basis of international treaties to which the Socialist Republic of Vietnam is a signatory, or on the basis of agreements between foreign parties and Vietnamese cultural and/or educational organizations.
3. Independent establishments are FCE establishments where foreign parties bear all costs for the building of their material and technical foundations, and organize and administer all their operations.
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